DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norm Phillips & Staff Pty Ltd
(AG2014/10942)

NORM PHILLIPS & STAFF PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2015

Application for approval of the Norm Phillips & Staff Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Norm Phillips & Staff Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Norm Phillips & Staff Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 26 February 2015 and, in accordance with s.54, will operate from 5 March 2015. The nominal expiry date of the Agreement is 25 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Norm Phillips & Staff Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Norm Phillips & Staff Pty Ltd Enterprise Agreement 2014 - 2018. The applicant was the company itself and the respondent was the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement, specifically those concerning wages, hours of work, and other conditions of employment.

The legal issues that the Commission needed to determine were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, including whether the agreement had been genuinely negotiated, and whether it was in the best interests of the employees. Additionally, the Commission had to consider if the agreement met the "better off overall test", ensuring that employees would be no worse off financially and potentially better off overall compared to the applicable award or safety net.

After hearing evidence and submissions from both parties, the Commission found that the agreement was genuinely negotiated and contained terms and conditions that were in the best interests of the employees. The Commission concluded that the agreement met the better off overall test and approved the Norm Phillips & Staff Pty Ltd Enterprise Agreement 2014 - 2018. The Commission's decision was based on the evidence presented, which demonstrated that the agreement provided fair and reasonable terms and conditions for the employees and that it was in their best interests.

The final orders of the Commission were that the Norm Phillips & Staff Pty Ltd Enterprise Agreement 2014 - 2018 be approved and registered under the Fair Work Act 2009. The agreement would then become a legally binding contract between the employer and the employees, and it would be the primary source of the employees' terms and conditions of employment for the duration of the agreement.

Norm Phillips & Staff Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established